AIFF adopts SC-approved constitution, leaves out two clauses pending Apex court direction

The Supreme Court had on September 19 approved the draft constitution of the AIFF prepared by former apex court judge L Nageswara Rao with certain modifications.

New Delhi: The All India Football Federation on Sunday adopted its Supreme Court-approved constitution at its Special General Body Meeting, leaving out two contentious clauses "pending directions from the Apex court".

The SC had on September 19 approved the draft constitution of the AIFF prepared by former apex court judge L Nageswara Rao with certain modifications, and directed the federation to adopt it within four weeks.

But two clauses of the draft constitution -- one relating to requirement of SC nod for amendment and another prohibiting office-bearers from holding dual posts in the AIFF and state units -- had caused headache to the top brass.

"The Constitution adopted without the two clauses pending directions from the Supreme Court," a top AIFF official told PTI.

The AIFF had approached the court on Thursday, seeking a clarification on the two clauses -- 23.3 and 25.3 (c) -- of the draft constitution in view of the objections raised by the world governing body FIFA.

An SC bench on Friday had told the AIFF to inform the SGM "that the Supreme Court has agreed to give the clarification."

The SC also said on Friday that it would have a world with Justice (retd) Rao regarding the two clauses and would ask him to submit a report.

After that, the AIFF and other stakeholders had a virtual meeting with Justice Rao on Saturday.

According to reliable sources, the SC may take up the matter regarding the two clauses on Monday or Tuesday after Justice Rao submits his report.

"We can't say anything what the SC will do, we have to wait and watch only," the official said, when asked what would be AIFF's course of action in the next few days.

Earlier, the FIFA had set a deadline of October 30 for AIFF to adopt the constitution or risk suspension.

Article 23.3 of the draft constitution says: "Any such amendment shall not be given effect to without the leave of the Hon'ble Supreme Court."

Clause (c) of Article 25.3 of the draft constitution sates that: "In the event a person is elected as an Office-Bearer in the Executive Committee of the AIFF and holds a position of an Office-Bearer in a Member Association, he/she shall automatically be deemed to have vacated his/her position in the Member Association."

If this clause -- 25.3 (c) -- is adopted, a majority of AIFF's Executive Committee members may not be able to continue as office bearers of their respective state units.

They can, however, continue to their respective posts in the state units if they resign from the membership of the AIFF's executive committee.

The AIFF executive committee currently has 16 elected officials and six co-opted eminent former players who have voting rights.

Out of the 16 officials, at least 12 are also holding posts in the state units and thus will be hit by Article 25.3 (c) of the AIFF draft constitution.

Some of them are presidents or secretaries and some Executive Committee members of the state units. Most of them are likely to prefer to be associated with their states, more so as the AIFF election is less than one year away.

This particular clause was included in the draft constitution formulated by the Committee of Administrators (CoA) headed by former Chief Election Commissioner of India SY Quraishi but was not there in the document prepared by Justice Rao.

But on the plea of some stakeholders during the hearings, the SC re-instated the clause.

Important provisions of constitution adopted by AIFF

The draft constitution, prepared by Justice Rao on the SC's directions, proposed some radical changes, including a person holding the office for a maximum period of 12 years during their lifetime subject to serving a maximum of two successive terms of four years each.

Under the draft constitution, the Executive Committee of the AIFF will have 14 members, who would be under the age and tenure restrictions.

There will be one president, two vice presidents (a man and a woman), one treasurer and 10 other members, it added.

Of the 10 other members, five would be eminent players, including two women.

The draft constitution also has provisions for the removal of the office bearers, including the president, through a no-confidence motion which the existing constitution of the AIFF does not have.

Under the draft constitution, India's top-tier football league can no longer be owned or operated by private players and the AIFF will have to take sole ownership of the product.

The AIFF will have to be the sole entity responsible for owning and operating the top division league.

Football Sports Development Limited (FSDL), a subsidiary of Reliance Industries, has been running the country's top-tier domestic football event -- the Indian Super League (ISL) -- since its inception in 2014.

Also, as per a clause in the approved constitution, the top league will now implement a promotion and relegation system, which will be in consonance with global football governance.